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Jurisdiction – Cease-and-desist letter
Where two defendants have filed a motion to dismiss for lack of personal jurisdiction, that motion should be denied because (1) the defendants, through counsel, sent a cease-and-desist letter to Boston Children’s Hospital, (2) their additional contacts with the forum are purposeful acts that add the element of “more” to the equation, and (3) there is a lack of support for the defendants’ a[...]
Tort – SLAPP – Litigation privilege
Where a counterclaim for conversion has been asserted alleging that the plaintiffs knowingly included false representations in a complaint they filed in U.S. District Court, the counterclaim is barred by the litigation privilege and dismissal is also warranted under the anti-SLAPP statute, as the counterclaim is based solely on the plaintiffs’ petitioning activities and the defendants have faile[...]
Attorneys – Litigation privilege – SLAPP
Where a plaintiff’s claims against defendant attorneys were dismissed, the judgment of dismissal must be reversed in part, as the plaintiff’s claims against some of the defendants are not barred by the litigation privilege.
Tort – Defamation – Litigation privilege
Where a defendant has moved to dismiss defamation counts brought by her ex-husband and his new wife, the motion should be denied because application of the litigation privilege would be premature.
Corporate – Litigation privilege – Appraisal process
Where plaintiff stockholders filed suit alleging improper interference with an appraisal process contemplated by a stock purchase agreement, the defendant corporation’s motion for leave to amend its counterclaim should be denied because the proposed counterclaim is barred by the litigation privilege.
Civil practice – Litigation privilege
Where a plaintiff that obtained a temporary restraining order in a patent infringement suit has moved to dismiss counterclaims that are based on the plaintiff’s decision to provide the TRO to Amazon, the motion should be allowed because the plaintiff’s conduct is protected by the litigation privilege.
Tort – Defamation – Litigation privilege
Where a defamation counterclaim has been asserted over a telephone call made to “a well-known cannabis business consultant,” the counterclaim must be dismissed because the defendants have failed to specify the plaintiff’s alleged defamatory statements.
Mortgages – Litigation privilege – Emails
Where a borrower has filed a complaint against a loan servicer’s attorney, the attorney is entitled to summary judgment because the litigation privilege bars the claims against him.
Judge sets aside $500K verdict in commercial fraud case
A U.S. District Court judge has found that the litigation privilege barred a commercial fraud suit brought by the manufacturer of food-packaging equipment over a buyer’s false statement that the equipment it purchased was contaminated with listeria.
Fraud – Litigation privilege – Emails
Where a plaintiff filed a complaint alleging that two defendants falsely claimed that food-packaging equipment sold by the plaintiff had become contaminated with listeria, the action was barred by the litigation privilege, so the defendants are entitled to judgment notwithstanding a $500,000 jury verdict.
Attorneys – Litigation privilege
Where two defendant attorneys have moved to dismiss a complaint that alleges “civil conspiracy for abuse of process,” that motion should be allowed because the litigation privilege protects the defendants from liability.
Attorneys – Litigation privilege – Defamation
Where a jury found a defendant attorney liable for defamation based on a letter he wrote to opposing counsel on behalf of a client, the defendant’s motion to set aside […]
